DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 378 Original 2021 Regular Session Jenkins
Abstract: Provides procedures, reports, and definitions relative to registration and voting by a
person with a felony conviction.
Present constitution (Const. Art. I, §10) provides that every citizen of the state, upon reaching 18
years of age, shall have the right to register and vote, except that this right may be suspended while
a person is interdicted and judicially declared mentally incompetent or is under an order of
imprisonment for conviction of a felony.
Present law (R.S. 18:102–La. Election Code) prohibits a person who is under an order of
imprisonment for conviction of a felony from registering to vote. Present law (R.S. 18:2(8))
provides that this prohibition applies during a sentence of confinement, whether or not suspended,
whether or not the subject of the order has been placed on probation, with or without supervision,
and whether or not the subject of the order has been paroled.
Present law provides an exception to allow a person who is under an order of imprisonment for
conviction of a felony to register and vote if the person has not been incarcerated pursuant to the
order within the last five years. However, provides that a person may not register or vote if he has
been convicted of a felony offense of election fraud or any other election offense pursuant to present
law (R.S. 18:1461.2) and is under an order of imprisonment. Proposed law retains present law.
Present law provides that except for those convicted of certain election-related offenses, a person
who is under an order of imprisonment for conviction of a felony and who has not been incarcerated
pursuant to the order within the last five years shall not be ineligible to vote based on the order if the
person submits documentation to the registrar of voters from the appropriate correction official
showing that the person has not been incarcerated pursuant to the order within the last five years.
Proposed law removes the requirement of submission of documentation to the registrar of voters.
Proposed law additionally provides that "incarcerated pursuant to the order" means actual
confinement in a correctional facility pursuant to the order of imprisonment, including confinement
after conviction but prior to sentencing for which the person is given credit in the order and
confinement following revocation of probation or parole. Provides that "incarcerated pursuant to
the order" shall not include confinement pursuant to a violation of a condition of probation or parole
that does not result in revocation.
Present law (R.S. 18:171) requires the clerk of a court having jurisdiction over a criminal proceeding to record in the minute book in his office certain convictions of a felony and the name, aliases, date
of birth, sex, and address of the person subject to the conviction. Requires this recordation to be
made immediately after the judgment is signed. Proposed law retains present law.
Present law provides that the required information must be recorded for each conviction of a felony
for which there is an order of imprisonment. Proposed law provides instead that the required
information must be recorded for each conviction of a felony for which the person is incarcerated
pursuant to the order.
Present law requires the sheriff and district attorney to provide specified information, if available,
regarding persons convicted of a felony to a registrar of voters, if requested. Proposed law adds that
the information include the type of felony offense and whether the conviction resulted in an order
of imprisonment for which the person is incarcerated pursuant to the order.
Proposed law further requires the secretary of the Dept. of Public Safety and Corrections or his
authorized representative (DPSC), if requested, to provide information to a registrar of voters
regarding a person who is under an order of imprisonment for conviction of a felony, including
whether the person is under an order of imprisonment for conviction of a felony offense of election
fraud or any other election offense pursuant to present law (R.S. 18:1461.2) and whether the person
has been incarcerated pursuant to the order within the last five years.
Present law requires the secretary of DPSC to send to the Dept. of State a report containing the name,
date of birth, sex, and address for certain persons. Requires DPSC to supplement this report on no
less than a quarterly basis. Requires the Dept. of State to confirm that the information has been
entered into the department's databases and provide for correction if necessary. Proposed law retains
present law.
Present law requires the reports from DPSC to contain the specified information for each person who
has a felony conviction and who is under the custody or supervision of DPSC.
Proposed law provides that the reports only contain the information regarding those persons who are
ineligible to register or vote pursuant to the provisions of present law (R.S. 18:102(A)(1)).
Present law additionally requires the secretary of DPSC to indicate in the supplemental reports each
person who has a felony conviction and who has been released from the custody or supervision of
DPSC and whether the individual has been granted or is eligible to be granted a first offender pardon.
Proposed law removes present law.
Present law (R.S. 18:171.1) provides for reporting concerning federal convictions. Requires each
U.S. attorney to notify the secretary of state of certain felony convictions in a U.S. district court.
Proposed law retains present law.
Present law requires reporting for any felony conviction of a person for which there is an order of
imprisonment. Proposed law instead requires reporting for any felony conviction of a person for
which there is an order of imprisonment pursuant to which the person is incarcerated. Present law (R.S. 18:176(A)) provides for suspension of voter registration based on a felony
conviction. Requires the registrar to send a notice to certain persons. Provides that the notice shall
inform the person that he must appear in person at the office of the registrar of voters within 21 days
after the date on which the notice was mailed to show cause why his registration should not be
suspended. Provides that if the registrant appears and shows cause within the 21 days, the registrar
shall not suspend the registration. Provides if the registrant fails to appear, the registrar shall
suspend the registration and note specified information regarding the suspension in the registrant's
registration information. Proposed law retains present law.
Present law requires the registrar to send a notice to each person listed on a report received pursuant
to present law (R.S. 18:171 or 171.1) and to any person the registrar has reason to believe has been
convicted of a felony and is under an order of imprisonment.
Proposed law instead provides that the registrar send the notice to each such person the registrar has
reason to believe is ineligible to register or vote pursuant to present law (R.S. 18:102(A)(1).
Proposed law further requires the registrar to include in the notice to the registrant the information
pursuant to present law that constitutes the reason the registrar believes the registrant ineligible.
Proposed law further requires the registrar to note that information in the registrant's registration
information.
Present law (R.S. 18:177) provides for reinstatement of registration after suspension. Provides that
the registration of a person whose registration has been suspended by the registrar of voters pursuant
to present law (R.S. 18:176(A)) shall be reinstated when the person appears and provides
documentation from the appropriate correction official showing that such person is no longer under
an order of imprisonment or, if the person is under such an order, that the person has not been
incarcerated pursuant to the order within the last five years and the person is not under an order of
imprisonment related to a felony conviction pursuant to election fraud or any other election offense
pursuant to present law (R.S. 18:1461.2). Provides that certain specified persons may instead
provide the required documentation by mail, facsimile, commercial carrier, or hand delivery.
Proposed law retains present law.
(Amends R.S. 18:102(A)(1)(b), 171(A), (B), and (C), 171.1(A)(1), and 176(A)(1), (2) and (3)(b);
Adds R.S. 18:102(C))